Terms and Conditions
- Terms & Conditions
- 1. Acceptance
- 2. Communications
- 3. Accounts
- 4. Purchases
- 5. CO2 Gas Exchange Process
- 6. Content
- 7. Copyright Policy & Notification Guidelines
- 8. Intellectual Property
- 9. Links To Other Websites
- 10. Termination
- 11. Indemnification
- 12. Limitation Of Liability
- 13. Disclaimers
- 14. Contests, Sweepstakes, and Promotions
- 15. Dispute Resolution; Binding Arbitration; Limited Action
- 16. Governing Law and Enforcement
- 17. International Use
- 18. Notice To California Customers
- 19. Miscellaneous
Please take the time to read these Terms and Conditions ("Terms", "Terms and Conditions"), our Privacy Policy, and other written policies that we have made available to you, before using the www.sodasense.com website, including products purchased from or through the website (the "Service") operated by CO2 Exchange LLC (“CO2 Exchange,” “SODA SENSE®”, "us", "we", or "our"). We sometimes refer to these policies, collectively, as our “Agreement” with you.
Our Agreement (including these Terms) is a legally binding contract that governs how you access, use, and interact with our Service. Because it is binding, and can affect your legal rights, it’s important that you read the entire Agreement. We may update these Terms and any other part of our Agreement, from time to time. The most current versions will be available on our homepages at www.sodasense.com and will govern our relationship with you. Please check these pages frequently to make sure that you stay up to date on any changes.
We reserve the right to change these Terms by posting an updated version on our homepage, so you should review the latest version each time you interact with our Service. When you access, use, or interact with our Service, you agree to be bound by the current version of these Terms and the rest of the Agreement. If you don’t agree, please don’t access, use, or interact with our Service.
IMPORTANT NOTICE: These Terms, and the rest of our Agreement, include important legally binding promises about how you and CO2 Exchange will resolve disputes. Please read these Terms carefully as they could affect your legal rights. In particular:
- You agree to follow our Dispute Resolution process, described below, before you bring a claim in court or initiate an arbitration. And, we agree to do the same, provided we have a valid email address for you.
- You agree that any Disputes between you and CO2 Exchange will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any Disputes between you and CO2 Exchange will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
- You agree that you will not try to sue CO2 Exchange in a class action lawsuit, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”
It’s important to us that you understand these Terms and the rest of our Agreement. If you have questions, feel free to reach out by using the Contact Us methods available on our website or by calling 833-262-7927.
1. Acceptance
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
2. Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
3. Accounts
When you create an account with us and become an Exchange Member, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use, as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use, as a username, any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
In the event no purchases have been made on your account within a 2 year period, we reserve the right to inactivate your account and remove all sensitive data. In the event removal happens, a new account will need to be created to resume the Service.
4. Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
5. CO2 Gas Exchange Process
5.1 Becoming an Exchange Member
Upon making your first purchase at Soda Sense, you become a Soda Sense Exchange Member, WELCOME! With this first order, you are automatically signed up as an Exchange Member and have an account so we can continue to make exchanges available to you. No membership or subscription fees are required.
5.2 CAUTION and the Life ring
Each exchange box contains the correct regulatory shipment labels for 14.5oz, 60L CO2 canisters only. To avoid additional charges, do not mail back exchanges in any other box. To avoid purchasing an extra box, save each box for future exchanges. If you discard the box or want a new one, provided you do not request a new one too often, we will send you a new one at no cost to you. In the event you abuse this courtesy, we reserve the right to charge you for our costs to provide the new exchange box to you.
5.3 Charging your “first-time” purchase or Life ring
Upon completing your first order or the Life ring, you thereby authorize us to charge your identified payment method the then current amount for that option for canister(s) and/or exchange box and label.
5.4 Steps to follow to exchange empty canisters
Our exchange process requires you to send two (2) empty 14.5oz, 60L CO2 commercially available canisters from any manufacturer.
Each exchange must be sent to us via United States Postal Service (USPS) in our exchange box which holds exactly two (2) 14.5oz, 60L CO2 canisters. Save the exchange box, prepaid USPS label, and plastic canister caps sent with every order to use for future exchanges. Additional exchange-boxes or USPS labels can be provided at your cost if the exchange box is not saved (see option 5.2 above).
Before placing empty canisters in the exchange box, verify each of the two (2) 14.5oz, 60L CO2 canisters are empty by: (i) fully using them as prescribed by your soda machine manufacturer and then (ii) after removing the empty canister from your soda machine, depressing the center point with a spoon to allow any remaining CO2 to safely escape. CAUTION: in doing step (ii), be in a large room or other open space and depress the center point slightly to allow gas to escape slowly and safely and only do this for up to ten (10) seconds. If gas remains after ten (10) seconds, contact Soda Sense before trying to return the canister.
Seal each canister valve using the provided plastic cap. Next, place the provided USPS return label over the existing label on the exchange box. Seal the box with tape and place in any USPS mailbox, including your home mailbox.
NOTE: Exchanges that are sent to us with only one (1) canister may be subject to significant additional charges.
5.5 Charging you for exchanges
Once the box of exchange canisters is received and scanned into our system, you hereby authorize us to charge your on-file payment method at the current rate for the desired exchange shipment of refilled CO2 canister(s) plus shipping.
Occasionally, our Service allows you to post, link, store, share, and otherwise make available information and content. This may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications facilities. When we refer to “Content,” we mean any materials and communications, including but not limited to photos, text, graphics, audio, video, location information, comments, reviews, and other content that you provide, submit, distribute, transmit, or post to Us through, without limitation, social media and third-party sites (including, without limitation, Instagram, X, and Meta), as well as third-party store fronts (including, without limitation, Amazon). You are responsible for the Content that you post on or through the Service, including Its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, personality rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that you waive your moral rights in the Content you post. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any of these other rights.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a perpetual, non-revocable, royalty-free, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
CO2 Exchange LLC has the right but not the obligation to monitor and edit all Content provided by users. We are not responsible if another person’s Content offends you or breaches any duty that person may have toward you.
In addition, Content found on or through this Service is the property of CO2 Exchange LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. Copyright Policy & Notification Guidelines
We respect the intellectual property rights of others. If you believe that your work has been copied on our Service in a way that constitutes copyright infringement, please let us know in accordance with the instructions below so that we can respond expeditiously (your “DMCA Notice”). Your DMCA Notice should include the information, below. We might also for additional information before we remove any allegedly infringing material.
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where that material is located on our Service;
- Your address, telephone number, and email address;
- A statement that you believe, in good faith, that the use is not authorized by the copyright owner, its agent, or the law;
- Your promise, made under penalty of perjury, that that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
- An electronic or physical signature of the person authorized to act with regard to the intellectual property.
If we remove or disable access to content you provide, pursuant to a valid DMCA notice, we’ll notify you and you may provide us with a counter-notification, in writing, to our designated Copyright Agent. Your counter-notification must include all of the following information: your name, address, phone number, and signature; identification of subject material; the location at which the material had appeared; a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and, your consent to the jurisdiction in the judicial district where your physically located, or if that is outside of the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our designated Copyright Agent, pursuant to 17 U.S.C. 512(c), can be contacted via email at customerservice@sodasense.com.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
8. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of CO2 Exchange LLC and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CO2 Exchange LLC.
Unless otherwise specified in these Terms, we are the sole owners of all information displayed on the Service. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Our name, the terms and all related names, logos, product and service names, designs and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our Service are the trademarks of their respective owners.
Don’t access any our Service for a commercial purpose; modify or modify copies of any material on our Service; or, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on our Service. Any use of the Service not expressly permitted by these Terms is a breach of these Terms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Service in breach of these Terms, we may terminate your access to our Service and require you to return or destroy any copies of the materials you have made.
9. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by CO2 Exchange LLC.
When you access a third-party link through our Service, you may be providing your information to that third party. The third party’s policies will control how it will use, store, or disclose the information you provide. As such we strongly advise you read the policies of any third party website or service that you visit. We have no control over the contents of third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We don’t vouch for the truthfulness, accuracy, quality or completeness of the content, links displayed and/or any other activities conducted on or through such third-party sites. We also don’t warrant that such sites or content are free from claims of copyright or other infringement or that such sites or content are devoid of viruses or other malicious code. The links may not function properly, and we make no warranties or promises that any link will bring you to the site you intended. You are responsible for confirming the identity and authenticity of any website you visit online. If you decide to access any of the third-party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
YOU AGREE THAT CO2 EXCHANGE LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
10. Termination
You’re free to stop using our Service at any time. If you wish to terminate your account, you may simply discontinue using the Service.
We reserve the right to suspend or terminate your access to our Service if we decide, in our sole discretion, that: (a) you’re in breach of these Terms; (b) your use of the Service would cause a risk of harm or loss to us or other users; or, (c) you haven't accessed our Service for twenty-four (24) consecutive months. As part of using our Service, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.
We will not provide notice before termination where you’re in material breach of these Terms, doing so would cause us legal liability or compromise our ability to provide the Service to our other users, or we're prohibited from doing so by law.
11. Indemnification
You agree to defend, indemnify and hold harmless CO2 Exchange LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) items you purchase through the Service, b) your breach of these Terms, c) Content posted on the Service, or d) any violation of the law. We reserve the right to handle our defense however we see fit, including but not limited to our choice of counsel, even if you are indemnifying us, and you agree to cooperate with us in full.
We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, IN NO EVENT SHALL CO2 EXCHANGE LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO $100 US.
13. Disclaimers
Availability, Errors, and Inaccuracies. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
CO2 EXCHANGE LLC ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE SERVICE. CO2 EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, FUNCTIONALITY OF OUR DIGITAL PLATFORMS, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM RESPONSIBILITY FOR ANY SORT OF CLAIM, LIABILITY, OR DAMAGE RELATED TO ERRORS IN OR OMISSIONS IN OUR SERVICE, THE UNAVAILABILITY OF OUR SERVICE, OR YOUR USE OF OUR SERVICE.
YOU AGREE THAT THE PRODUCTS YOU RECEIVE MAY VARY FROM THOSE DISPLAYED ON THE SERVICE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE DIGITAL SERVICE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME YOU PLACE AN ORDER.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
14. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
15. Dispute Resolution; Binding Arbitration; Limited Action
15.1 Dispute Resolution
We want to try to sort out any disagreements through Information Dispute Resolution. If a dispute or disagreement arises between you and CO2 Exchange, before filing a claim or arbitration, you and CO2 Exchange will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at customerservice@sodasense.com that includes (1) your name, phone number, email address for and (2) a description of the dispute or disagreement and how you’d like it resolved. If CO2 Exchange has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and CO2 Exchange must cooperate to schedule that meeting by phone or videoconference. You and CO2 Exchange each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
Judicial Forum for Disputes
You and CO2 Exchange agree to submit to the exclusive jurisdiction of the state and federal courts of the Wisconsin, USA, subject to the mandatory, individual arbitration provisions, below. Both you and CO2 Exchange consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.
Controlling Law
Any claim, Dispute, or other matter arising under or in connection with our Service or the Agreement (which includes these Terms, the Privacy Notice, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of Wisconsin, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of Wisconsin or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.
The foregoing provisions, under “Dispute Resolution,” will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver.
15.2 Consent to mandatory individual arbitration and class action waiver
Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your Dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to this mandatory individual arbitration provision, you waive those rights; and, instead of being decided by a judge or jury in court, your Dispute will be submitted to a neutral third person (an “arbitrator”) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your Disputes in a court.
Please read this provision carefully. Unless you opt out, in accordance with our instructions below, all Disputes between you and CO2 Exchange shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into these Terms constitutes a waiver of your right to sue CO2 Exchange in court, litigate claims in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.
We both agree to arbitrate our claims. You and CO2 Exchange agree to resolve any claims relating to or arising from our Service, any products, data, services, or content bought, sold, offered, scheduled, accessed, transmitted, or listed through the Service, and actions or statements by CO2 Exchange, these and prior version of the Terms and every other part of our Agreement (“Disputes”) through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions that are described below. This includes, but is not limited to, Disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the Dispute can be arbitrated.
NO CLASS ACTIONS. You and CO2 Exchange agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. This means that you, and CO2 Exchange, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.
Arbitration Procedures
To initiate arbitration, either you or CO2 Exchange must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve CO2 Exchange with any arbitration demand by mail to:
CO2 Exchange d/b/a Soda Sense
c/o Legal Department
1010 S Mainline Drive, Seymour WI 54165
If CO2 Exchange has a Dispute with you, we will send an arbitration demand to the email we have on file for you.
The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Green Bay, Wisconsin.
The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as a neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. Notwithstanding this arbitration provision, CO2 Exchange LLC may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you.
All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Consent to mandatory individual arbitration and class action waiver,” including any party’s compliance with the Informal Dispute Resolution process.
Arbitration fees
Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).
Arbitration award
Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and CO2 Exchange, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.
Batch arbitration
If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120 day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch Arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
Exceptions to the agreement to arbitrate
This mandatory individual arbitration agreement does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the Digital Platforms or infringement on Intellectual Property Rights.
You may opt out of this mandatory individual arbitration provision and class action waiver. If you are a new user of our Service, and you do not consent to the mandatory individual arbitration agreement, you can opt out within 30 days after the date on which you first access our Service and accept these Terms. To opt out, you must timely send a written notification to customerservice@sodasense.com or timely mail your written notification to the address below. Your decision to opt out of this provision will have no adverse effect on your relationship with CO2 Exchange.
CO2 Exchange d/b/a Soda Sense
c/o Legal Department
1010 S Mainline Drive, Seymour WI 54165
Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. Any opt out request received after the deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Continuation
This provision shall survive the termination of the Service and your relationship with CO2 Exchange and affiliates.
Severability
If any part of this “Dispute Resolution” section is found to be unenforceable, it will be severed and the rest of this section will remain in full force except as follows: If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration agreement is null and void. Otherwise, the terms of the mandatory individual arbitration agreement will survive termination of these Terms and the Service.
16. Governing Law and Enforcement
These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and incorporated terms, and supersede and replace any prior agreements we might have had between us regarding the Service.
17. International Use
CO2 Exchange is based in Wisconsin in the United States. We provide our Service for use only by persons located in the United States and Canada, and make no claims that they or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Service may not be legal by certain persons or in certain countries; and, if you access them from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.
The parties hereto have expressly required that these Terms, our Agreement with you, and all documents and notices relating thereto be drafted in the English language.
18. Notice To California Customers
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. This Service is provided by CO2 Exchange LLC d/b/a Soda Sense, c/o Legal Department, 1010 S Mainline Drive, Seymour WI 54165. If you have purchased anything through our Service, a description of what you have purchased and relevant pricing information are posted as part of our ordering process (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint, please contact [email] or call [phone number]. You may also contact us by writing CO2 Exchange LLC d/b/a Soda Sense, c/o Legal Department, 1010 S Mainline Drive, Seymour WI 54165. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
19. Miscellaneous
Entire agreement
The Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) is the entire agreement between You and CO2 Exchange with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).
Severability
If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.
Waiver
If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.
Contact Us
If you have any questions about these Terms, please contact us:
By phone number: 833-262-7927
By emailing us at: customerservice@sodasense.com